My Hands Were Tied But Despite All Obstacles We Did Good Work: Delhi CM Kejriwal After SC Order

Kejriwal, addressing a press conference, said the Supreme Court ruling that the Delhi government had legislative and executive power over services was 'historic'.

Delhi Chief Minister Arvind Kejriwal on Thursday said the Supreme Court ruling that the Delhi government had legislative and executive power over services was "historic" and a big victory for the people of the UT. Addressing the media, Kejriwal said his hands were tied but the AAP government still carried out good work in Delhi.

"My hands were tied and I was thrown in the water. Despite all obstacles we did good work in Delhi," Kejriwal said.

"Today's Supreme Court order is historic in many ways. It is a big victory for the people of Delhi against whom there has been injustice. The honorable Supreme Court has done justice to them," he further said.

The Delhi CM said eight years ago, within three months of the formation of the government, Prime Minister Narendra Modi got an order passed from the Centre that service related matters of Delhi would not be given to the CM and would remain with the L-G.

The Delhi CM said administrative changes would be carried out soon in Delhi. He also said depending on the performance of the officers, their transfers or changes would be done.

"Officers who obstructed people's work will have to face music, major reshuffle of officers on cards based on performance. The officers who are working honestly and doing hard work will be promoted," the AAP supremo said.

Earlier, Kejriwal hailed the order in a tweet and thanked the court and said the verdict will help in the growth of Delhi's development at an increased pace. 

In a big win for the Delhi government amid a protracted tussle with the Centre, the Supreme Court on Thursday ruled that the Delhi government had legislative and executive power over "services", including the Indian Administrative Service (IAS), except law and order and land. In a unanimous verdict, a five-judge Constitution bench headed by Chief Justice DY Chandrachud said the Lieutenant Governor (L-G) was bound by the decision of the Delhi government over services apart from public order, police and land.

"Union territory Delhi has 'sui generis' (unique) character and has legislative and executive power over services," the top court said.

The Supreme Court bench, also comprising Justices MR Shah, Krishna Murari, Hima Kohli and P S Narasimha, said if a democratically elected government was not allowed to control its officers and hold them to account, then its responsibility towards the legislature and public is diluted. 

"L-G shall exercise powers under the administrative role as entrusted by the President. Executive administration can only extend to matters which fall outside the scope of the legislative assembly...and it cannot mean administration over entire NCT Delhi. Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile," the court said.

"Democratically elected government shall have control over its officers. If officers are not responding to the government, the collective responsibility is diluted. If officers feel they are insulated from the elected government, they feel they are not accountable," the top court further said.

The court said while the National Capital Territory of Delhi (NCTD) is not a full fledged state, it remains a federal entity. Executive power of NCTD extends to all entries on which it has power to legislate, the court further said.

"It has to be ensured that governance of states is not taken over by the Union. The control of the Centre on certain subjects of the Concurrent List cannot be such that the functioning of the State is affected," CJI Chandrachud said.

The Supreme Court had reserved its order on January 18 after hearing the arguments for almost four-and-a-half days.

The petition filed by the Delhi government came as a result of a split verdict of February 14, 2019, in which a two-judge bench of Justices A K Sikri and Ashok Bhushan, both now retired, recommended to the Chief Justice that a three-judge bench be set up to decide the issue of control of services in the national capital.

While Justice Bhushan had ruled that Delhi government had no power at all over the administrative services, Justice Sikri had said the transfer or posting of officers in the top echelons of the bureaucracy (joint director and above) can only be done by the Centre and the lieutenant governor's view will prevail in case of a difference of opinion on matters related to the other bureaucrats.

In a verdict in 2018, a five-judge Constitution bench had unanimously ruled that the Delhi LG was bound by the aid and advice of the elected government, and both needed to work harmoniously with each other.